Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
10th Edition
ISBN: 9781337374835
Author: CROSS
Publisher: CENGAGE L
expand_more
expand_more
format_list_bulleted
Concept explainers
Question
Chapter 12, Problem 4BCP
Summary Introduction
Case summary:A person S signed a document on the first day of her work at a football club CC. The document purports to compel arbitration as a dispute redressal method. S agrees to comply with this document as well as the constitution and bylaws of National Football League(NFL). She also agrees to be bound by all the decisions of the NFL Commissioner. However, the Chief has not given his consent anywhere in the document.
To find:The consideration for the arbitration provision in the dispute redressal method.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
QUESTION 2Thokgamo is the owner of an optometry practice in Maun. She agreed to purchase an eye testing machine from Noah and signed the contract without reading its terms. The contract contained an exclusion clause for all kinds of defects in the machine. The machined proved to be totally defective. Thokgamo attempted to terminate the contract and also maintained that the contract is in conflict with what she and Noah had agreed on orally.Required: Advise Thokgamo about her chances of winning the case. Provide justifications for your points.
How can I advise Justin as to any rights and liabilities that may arise in the law of contract Using the Trinidad and Tobago Unfair Contract Terms Act (UCTA) as well as answering using the IRAC method highlighting the Issues, Rules, Analysis or Application of the Rules and Conclusion.
19-2. Duty of Loyalty. Peter hites Alice as an agent to sell a
picce of property he owns. The price is to be at least $30,000.
Alice discovers that the fair market value of Peter's property
is actually at least $45.000 and could he higher because a
shopping mall is going to be built nearby. Alice forms a real
estate partnership with her cousin Carl. Then she prepares
for Peter's signature a contract for the sale of the property ro
Carl for $32,000. Peter signs the contract. Just before clos-
ing and passage of title, Perer learns about the shopping mall
and the increased fair aarket value of his property. Peter
refuses to deed the property to Carl. Carl claims that Alice,
as Peter's agent, solicited a price above that agreed on when
agency was crcated and that the contract is therefore bind-
ing and enforceable. Discuss fully whether Peter is bound to
this contract. (See: Duties, Righs, and Remedies of Agents and
Principals.)
the
Chapter 12 Solutions
Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
Knowledge Booster
Learn more about
Need a deep-dive on the concept behind this application? Look no further. Learn more about this topic, subject and related others by exploring similar questions and additional content below.Similar questions
- H. J., Inc., and other customers of Northwestern Bell Corp. alleged that Northwestern Bell had furnished cash and tickets for air travel, plays, and sporting events and had offered employment to members of the Minnesota Public Utilities Commission in exchange for favorable treatment in rate cases before the commission. A Minnesota statute makes it a felony to bribe public officials. H. J. and other customers brought suit against Northwestern for violating the criminal bribery statute. Can the customers bring a criminal action? [H. J., Inc. v. Northwestern Bell Corp., 420 N.W.2d 673 (Minn. App.)] Baker and others entered a Wal-Mart store shortly after 3:00 a.m. by cutting through the metal door with an acetylene torch. They had moved some of the merchandise in the store to the rear door, but the police arrived before the merchandise could be taken from the store. Baker was prosecuted for larceny. He raised the defense that he was not guilty of larceny because no merchandise had ever…arrow_forwardGary Olsen, known affectionately as “Gazza” or Gazzarooney” by his mates, is the Group Head for Corporate Finance in a boutique investment bank called “DA Bank Limited”. There is a term in Gazza’s employment contract, which he signed on 15 February 2020, providing as follows: Prohibition on client contact. In the event that your employment with DA Bank Limited ceases for whatever reason and howsoever caused, you explicitly agree and undertake not to contact clients of DA Bank through whatever means. This includes contact by phone, email, mail or any other common means of communication. This prohibition will last for 3 years upon the cessation of your employment with the bank. Gazza resigns from DA Bank on 1 March 2021. He is later recruited by his good mate Colin Taggart, who is the Chief Executive Officer of a merchant bank called “Tag Bank Limited”. Upon joining, Colin immediately appoints Gazza to the same position that he held with DA Bank. Gazza then starts calling some…arrow_forwardMitzi is about to graduate from UF and has just signed her first contract for employment with a private company, PPC. Mitzi realizes that there is a clause in her contract, drafted by PPC, that prohibits her from speaking about the trade secrets that PPC uses. Mitzi believes that this clause violates rights under the First Amendment. Therefore, Mitzi tells some of her friends at school about the company and the wording of the contract; however, she does not say anything else about PPC, its customers, or what it does. Mitzi does not know that her friend Juliet's father is the head of PPC. Juliet tells her father about what Mitzi has said, and he immediately fires Mitzi. Would Mitzi have a case against PPC under the rights granted in the First Amendment? O No, company policy prohibits speaking about the trade secrets, and this is not protected by the First Amendment. O No, because Mitzi could only bring a case for abusive discharge, retaliation, or defamation; neither she nor PPC could…arrow_forward
- Teresa and Kensington enter into an employment contract that contains an unenforceable arbitration clause. Teresa sues Kensington, but Kensington wants the contract to remain effective. How can the court rule that the contract is still valid? a. If the contract contains an integration clause, the court may delete the unenforceable clause and enforce the rest of the contract. b. If the contract contains boilerplate, the court may delete the unenforceable clause and enforce the rest of the contract. C. If the contract contains a severability clause, the court may delete the unenforceable clause and enforce the rest of the contract. d. If the contract contains representations and warranties, the court may delete the unenforceable clause and enforce the rest of the contract.arrow_forwardDr. Pooneh Hendi Glascock, a female physician of Iranian origin, entered an “Independent Contractor Physician Service Agreement” with Linn County Emergency Medicine (LCEM) in May 2007 to work as an emergency room physician at Mercy Medical Center in Iowa. The Agreement was for one year and could be renewed for an additional year unless terminated by either party with 90 days notice. LCEM provided professional liability insurance for Glascock, but no benefits or vacation pay. The agreement guaranteed Glascock 15 shifts per month at an hourly rate of $130. Glascock submitted her monthly availability and scheduling preferences to LCEM, and LCEM assigned shifts. She also remained free to engage in other professional activities. Glascock filed her own self-employment tax returns. The Agreement gave LCEM no control or direction over the method or manner by which Glascock performed her professional services and duties. As the attending physician at Mercy Medical Center, she selected a…arrow_forwardGoodward, a newly-hired newspaper reporter for The Cape Cod News, learned that the local cranberry growers had made an agreement under which they pooled their cranberry crops each year and sold them at what they determined to be a fair price. Goodward believes that such an agreement is in restraint of trade and a violation of the antitrust laws. Is he correct?arrow_forward
- advised Afifah that he has recently had several meetings with the manufacturers of the product imported and distributed by TerFamos. The manufacturers are of the opinion that TerFamos can no longer provide the required levels of service. They have decided to cancel TerFamos’s contract and award the distribution rights to Norman’s company. Norman then asks Afifah to come and work for him. He offers Afifah a substantially higher salary than the one she currently earns. In addition, Norman asks Afifah to recruit TerFamos’s best operations staff to come to Norman’s company with her. He says: ‘The offer is exclusive to you and the deal with the manufacturer is indeed confidential, so don’t mention it to anyone just yet, especially to Rodzi.’ Required: Identify the primary stakeholders and explain the relevant facts and ethical issues in the situation above. With reference to the CIMA Code of Professional Ethics, identify and discuss the ethical…arrow_forward(c)Ghaffar purchased a piece of land from Sharif who is an engineer by profession. During the discussion prior to the purchase, Sharif had told Ghaffar that in his opinion, the land would be able to support 2,500 mango trees. However, only 2, 300 trees could eventually be planted on the land. Under the provisions of the Contract Act 1872, discuss whether Ghaffar can claim damages on the grounds of fraud. (4)arrow_forwardElle is an agent for Fine Cosmetics, Inc. Elle owes Fine Cosmetics the duty of: O compensation. performance. O avoidance. indemnificationarrow_forward
- Florida land developer Lehigh would show prospective buyers Lehigh Acres and have the buyers stay at its motel. Competitor Azar would watch for the buyers, contact them at the motel, tell them that under federal law they had three days to cancel any contract with Lehigh, and then show them a less expensive property that he was selling. Question: What legal tort could apply in this circumstance?arrow_forwardChoose the right answer. 1. (The law of Agency) Ali appointed Bakri as his agent. Bakri appointed Citra as his sub agent without Ali's permission. Bakri has caused injury to the third party when performing his duty. Who can the third party sue? a. Ali b. Bakri c. Citra d. Ali and Bakri e. Ali, Bakri and Citra 4. (Law of Contract) Yan wants to borrow RM20,000 from her friend Pang and Pang agrees to lend the money if Yan agrees to pay the money to Cathy, his sister in four installments. The above situation illustrates the principle of __________. a. consideration need not move from the promisee b. part payments are valid consideration c. natural love and affection is valid consideration d. executory consideration is performed after contract is made 12. (The law of Agency) What does "to exercise reasonable care and skill" means? a. To act according to instructions b. To act according to business custom c. To act with diligence d. To act reasonably on timearrow_forwardDelany and Eden enter into an agreement where Delany will purchase 50 pounds of assorted craft beads from Eden. Eden, however, breaches the contract and does not supply Delany with the contracted beads. This deals with which of the following types of laws? criminal law federal law public law equity private lawarrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education